This case is relevant to what I have studied. It gives me a reference of negligence showing how a business needs to protect people from harm from others while they are in the facility. It also shows that a business has a duty to care for how ones wrong doings owes the injured party. Then how the duty of obligation come into effect the pub had an obligations to make sure that harm was prevented if it was to possibly occur to any of their patrons . (Meiners pg.
The organization could experience lawsuits if any of the contracted workers have any problems and could leave the organization liable for damages When the local customs and laws conflict with the customs and laws of an organization operating abroad which should prevail? Explain why. Local customs should always prevail. When there is conflict with local customs and laws a business could suffer from a poor reputation defined as insensitive to the foreign company that the business is being conducted in. When companies operate overseas there needs to be some kind of work through that will cover both the foreign sensibilities as well as the rules
NEWCORP LEGAL SCENARIOS BUSINESS LAW Legal Encounter 1 In the given situation NewCorp is liable for having to follow the guidelines of what the handbook states on the given situation with Pat. Pat has the right to sue NewCorp given the fact that when he was hired on he signed the handbook which in it, it has a section that is Notice of Unsatisfactory Performance/Corrective Action Plan. In this section of the handbook it states that if any employee has a deficiency in their job they are to be put on a Corrective Action Plan and if the performance does not improve they can be terminated. Therefore in a court NewCorp can be found in breach of contract, since the employee handbook is a signed contract. As well as the fact that Pat feel that because of him voicing an opinion on the school board, which has nothing to do with NewCorp, this may
This assignment will examine the case scenario of Yvonne Esposito, an 80-year old woman who collided with an employee, Jason Davis, when he abruptly turned around without warning at the close of an arts and crafts show. The result was a fall causing a fractured hip that required hip replacement surgery leaving Esposito with a physical impairment. Esposito is suing in federal district court alleging negligence. I will examine the factors that indicate whether or not Davis owed Esposito a duty of care and what do those factors indicate in these circumstances. Looking at this case with no legal background and only a book to base my facts from, I do believe Mrs. Esposito has a case.
Similarly, in Hotmail Corp. v. Van$ Money Pie, Inc., supra, 1998 WL 388389 at page *7, the court found the evidence supported a finding that the defendant's mailings "fill[ed] up Hotmail's computer storage space and threaten [ed] to damage Hotmail's ability to service its legitimate customers." America Online, Inc. v. IMS, decided on summary judgment, was deemed factually indistinguishable from CompuServe; the court observed that in both cases the plaintiffs "alleged that processing the bulk e-mail cost them time and money and burdened their equipment." (America Online, Inc. v. IMS, supra, 24 F.Supp.2d at p. 550.) The same court, in America Online, Inc. v. LCGM, Inc., supra, 46 F.Supp.2d at page 452, simply followed CompuServe and its earlier America Online decision, quoting the former's explanation that UCE burdened the computer's processing power and
In the first situation the challenge is whether the employer should follow the contract that was agreed upon with the National Labor Relations Board or not. One point of view is that the employer should follow the contract that was agreed upon. The agreement stated that the employer was going to reinstate and pay a certain amount of back pay to each illegally discharged person. By law once a contract is made and agreed upon, both parties are liable for following through with their part of the contract. Secondly, if the employer does follow through on his part of the agreement he can be charged with breach of contract.
Legal Process MGT 434 University of Phoenix October 12, 2009 Legal Process An employee of a private sector organization feels as though his employer has discriminated him against. John wants to find information on how to process a complaint of discrimination against his employer. This paper will provide information on the steps John will need to follow in filing a complaint with the Equal Employment Opportunity Commission (EEOC), mediation, investigation, findings and judicial review. Filing a Complaint The EEOC provides an avenue for workers to voice their complaints when they believe their employer has violated their rights. The individuals with a similar situation as John can file a charge of discrimination.
Rule: A defendant owes a business invitee on the defendant’s premises a duty to exercise ordinary care in maintaining the premises in a reasonably safe condition. Ward v. K Mart Corp. 136 Ill.2d 132 (1990). Where a business invitee is injured by slipping on the premises, liability may be imposed on if the substance was placed there by the negligence of the proprietor or his servants, or, if the substance was on the premises through acts of third persons or there is no showing how it got there., liability may be imposed if it appears that the proprietor or his servant knew of its presence, or that the substance was there a sufficient length of time so that in the exercise of ordinary care its presence should have been discovered. Olinger v. Great Atlantic & Tea Co., 21 Ill.2d 469 (1961). Thus, where the foreign substance is on the premises due to the negligence of the proprietor or his servants, it is not necessary to establish their knowledge, actual or constructive; whereas, if the
The employer cannot disclaim liability simply by showing that the employee had been directed not to do what he did. The employee viewed the stealing of the shipment necessary in order to impress the employer, and assumed that he would be commended for what he did even though it more than likely would have been forbidden by his employer. Therefore, this act that the employee did was infact within the scope of employment for purposes of respondeat superior since the employee was acting on the task, and that the assumption that the employee would perform such
Thus, an agent owes a fiduciary duty not to act adversely to the interests of the principal. If this duty is breached, the agent is liable to the principal. 4. What action should Gloria take involving John? Sue this damage his company she can sue him so he can be liable for the loss and damages she’s goanna have with john